J.W. and U.S. Postal Service, Post Office, Douglas, GA (Board decision, February 11, 2016)

ECAB final decision. This order directs reissue of the Board’s January 7, 2015 decision because it was mailed to an incorrect address. It also sets aside three later OWCP award decisions as null and void because Board jurisdiction had not ended. The reissued merits decision was released separately on February 11, 2016. Under 20 C.F.R. § 501.6(d), a Board decision becomes final 30 days after issuance. A party may petition the Board for reconsideration within 30 days unless the decision specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

The Board had set aside OWCP’s refusal to consider J.W.’s new schedule award claim in January 2015, but the Clerk sent that decision to the wrong address. The Board held that it had not properly issued the decision and had therefore retained jurisdiction over the award issue. It ordered the decision reissued effective February 11, 2016 and voided OWCP’s March 17, March 18, and May 15, 2015 award decisions made in the meantime. The separately released reissue contains the Board’s ruling on the underlying claim.

Decision snapshot

• Authority: 20 C.F.R. § 501.6(f), decision mailing; § 10.626, OWCP jurisdiction during appeal.
• Outcome: January 2015 Board decision ordered reissued; three intervening OWCP decisions set aside.
• Key point: Misaddressed mailing left the Board’s award jurisdiction in place.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
J.W., Appellant
)
)
and ) Docket No. 14-1947
) Issued: February 11, 2016
U.S. POSTAL SERVICE, POST OFFICE,
)
Douglas, GA, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER

Before:
CHRISTOPHER J. GODFREY, Chief Judge
PATRICIA H. FITZGERALD, Deputy Chief Judge JAMES A. HAYNES, Alternate Judge

On January 7, 2015 the Board issued a decision in the above-entitled matter, which set aside the August 28, 2014 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Board remanded the case for further consideration of appellant’s claim for an additional schedule award. Appellant, however, did not timely receive a copy of the January 7, 2015 decision because the Clerk of the Board inadvertently mailed the decision to an incorrect address.

Pursuant to 20 C.F.R. § 501.6(f), the Board “will send its decisions and orders to the [a]ppellant … at the time of issuance.” In Bertha Keeble, the Board noted that a decision is issued when it is filed and mailed, and it is presumed that this was accomplished on the issue date appearing on the decision.1 In Keeble, the decision was mailed to an incorrect address, and therefore, the Board found that it had not properly issued the decision. Consequently, the Board ordered that the decision be correctly issued. In the current case, the Board mailed its January 7, 2015 decision to an incorrect address, and thus, the decision was not issued in accordance with 20 C.F.R. § 501.6(f). As such, the decision in the above-entitled case shall be reissued effective this date.

1
45 ECAB 355, 356 (1994) (citing Ralph W. Moody, 44 ECAB 375 (1993)).
 While a case is on appeal to the Board, OWCP has no jurisdiction over the claim with respect to issues which directly relate to the issue or issues on appeal.2 Although appellant did not timely receive a copy of the Board’s January 7, 2015 decision, OWCP was aware of the decision, and has since issued three decisions regarding appellant’s entitlement to an additional schedule award. Because appellant was not properly served, the Board effectively did not relinquish jurisdiction over the schedule award claim. Consequently, OWCP’s decisions dated March 17, 18, and May 15, 2015 are set aside as null and void.

The Board’s decisions and orders are “final upon the expiration of 30 days from the date of issuance....”3

IT IS HEREBY ORDERED THAT the Board’s January 7, 2015 decision is reissued.4

Issued: February 11, 2016
Washington, DC

Christopher J. Godfrey, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

2
20 C.F.R. § 10.626 (2014); see, e.g., Lawrence Sherman, 55 ECAB 359, 360 n.4 (2004).
3
Id. at § 501.6(d).
4
James A. Haynes, Alternate Judge, participated in the original decision but was no longer a member of the Board effective November 16, 2015 and did not participate in the preparation of this order.

2